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Income and Employment Supports Act

Published Date: January 01, 2004
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Part 9 Transitional Provisions, Consequential Amendments, Repeals and Coming into Force (Sections 51-61)

Section 59 Amends RSA 2000 cW-7

  1. The Widows’ Pension Act is amended by this section.

  2. Section 3(2) is amended by striking out “if the person” and substituting “if the Minister has received the person’s application made under section 4 before the date section 59(2) of the Income and Employment Supports Act comes into force”.

  3. Section 4(3) is amended by striking out “income,”.

  4. Section 5(a)(i)(B) and (ii) are repealed.

  5. Section 6 is repealed and the following is substituted:

    Section 6 Recovery of overpayments

    1. Where a person receives a widow’s pension for which the person is not eligible or receives an overpayment on a widow’s pension, the pension or the overpayment, as the case may be, is a debt owing to the Crown and may be recovered in the same way as if it were an amount repayable under the Income and Employment Supports Act, and Part 6 of that Act applies.

    2. If a person who receives a widow’s pension is under an obligation

      1. under the Seniors Benefit Act to repay all or part of a benefit,

      2. under the Income and Employment Supports Act to repay all or part of assistance under Part 2 of that Act, or

      3. under the Assured Income for the Severely Handicapped Act to repay all or part of a handicap benefit,

      the Minister may deduct from further widow’s pension payments for which the person is otherwise eligible monthly amounts equal to 10% of the monthly amount of the widow’s pension payable under the regulations, until the full amount required to be repaid is repaid, but in no case may the monthly amount of the pension be reduced to less than $10.